Recently, the 2019 labor code has enacted on November, 20th 2019 officially effected on January, 1st 2021, having some changes on regulations of internal labor regulations (ILRs), following that the enterprise shall implement to change the ILRs in order to be appropriate with the regulation of the new law. In this Article, KAV Lawyers would like to inform you the procedure of registering the ILRs following the new labor code.
According to the Article 118 the 2019 Labor Code and guiding at Article 69 Decree No. 145/2020/ND-CP the ILRs of an enterprise should include the initial regulations as follows:
- The working time, the rest time;
- Order at workplace ;
- Work safety; hygiene condition at work place;
- Preventing worker from sexual harassment at work place, the order and procedure to punish such act at work place.
- Protection of assets and technological and business secrets and intellectual property of the employer;
- The case of temporary moving the employee to do a different work which is not agreed in an employment agreement;
- Employees’ violations of labor discipline, forms of dealing with violations of labor discipline,
- Material responsibility;
- A competent person who has the right to discipline workers.
According to that “Preventing worker from sexual harassment at work place; the order and procedure to punish such at work place” is one of the new points of the ILRs which should be noticed to enterprise. The Enterprise could regulate this content in the ILRs or by the annex attached to the ILRs including the basic content as follows (Article 85 Decree No. 145/2020/ND-CP);
- Prohibiting the act of sexual harassment at work place;
- Regulating about the details, features of the sexual harassment acts at work place, which shall be appropriate with the characteristics of the work and the work place;
- Responsibility, term, procedure of internal discipline to the sexual harassment at work place, including the responsibility, term, procedure of complaint, denunciation, resolving complaint, denunciation and other relate regulations.
- The form of dealing with violation of labor discipline to the person who has conducted the act of sexual harassment or to the person who has denunciated the wrong truth respectively with the nature, level of the violations;
- Compensating for damages for the victims and remedial measurement.
- Besides, employer’s regulations on complaints and denunciations of sexual harassment and the procedure of discipline must ensure the rule: quick and prompt;
- Protecting the secret, honor, dignity, safety of the victims who being harassed, of the complainer, be complained; the denunciator, be denunciated.
So, how is the procedure of register to ILRs?
Noted: In case of compulsory to register the ILRs: According to clause 1 Article 119 the 2019 Labor Code: An employer employing 10 or more employees must register internal labor regulations at the specialize agency belonging to province-level People Committee where the employer registers the business”. Therefore, if the employers employing under 10 employees it is not compulsory to register for ILRs, however, it is need to be ensure that the content of the ILRs must in consistent with the labor code and the relevant law. According to the Article 121 the 2012 Labor Code “An employer employing under 10 employees enacting ILRs, the effect decided by the employer in the internal working regulation”.
Step 1: Preparing the dossier, including:
- Written application of registering Internal labor regulation;
- Internal labor regulation;
- Written comments of the organization representing employees at the establishment, for the place where the organization represents the employee at the establishment;
- The other documents of the employers having regulation involving to the labor discipline and the material responsibility (if any).
Step 2: Submitting the dossier to the competent agency
Within 10 days from the day enacting the ILRs, the employers implement to submit the application for registration of labor regulations at the labor specialized agency of the provincial People’s Committee (Department of Labor , War Invalids and Social Affairs) where the employer registers his/her business.
Step 3: Get results
Within 07 working days from the date of receiving the application for registration of labor regulations, if the contents of the labor regulations are contrary to law, the Department of Labor, War Invalids and Social Affairs shall notify and guide the employer to amend, supplement and re-register.
The labor regulation takes effect 15 days after the date the competent state agency specified in Article 119 of this Code receives a complete dossier of registration of labor regulations (Article 121 of the 2019 Labor Code).
Note: The specialized labor agency of the provincial People’s Committee can authorize the labor specialized agency of the district People’s Committee (Department of Labor – Invalids and Social Affairs) to register the labor regulations.
Above is information about registration of labor regulations as prescribed in the Labor Code 2019, if you have questions or want to consult the law, please contact KAV Lawyers through the following information:
Phone: (+84) 28 6270 7075 or (+84) 949 761 861
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